Newsletter - #388 Special Edition: What We Need to Know about Mass Surveillance and ICE Crackdown #388 Special Edition: What We Need to Know about Mass Surveillance and ICE Crackdown In This Issue #388 This special edition highlights the March 24, 2026 webinar, “ Mass Surveillance and the ICE Crackdown: What the AAPI Community Needs to Know .” A recording of the webinar is available here: https://www.youtube.com/watch?v=IoTNDznWVc4 (1:04:32) The webinar examined the intersection of mass surveillance and Immigration and Customs Enforcement (ICE) crackdowns affecting Asian American and Pacific Islander communities. It featured Mayor Kaohly Her of St. Paul, Minnesota, alongside a panel of experts discussing current surveillance programs and their real-world impacts. Expanding surveillance authorities and immigration enforcement are increasingly converging in ways that significantly affect AAPI communities and raise urgent civil liberties concerns. The webinar was co-hosted by APA Justice Task Force , Asian American Advancing Justice | AAJC , Asian American Scholar Forum , and Committee of 100 . It was moderated by Michael German , a retired fellow at the Brennan Center for Justice and former FBI special agent focused on law enforcement and intelligence oversight and reform. Bringing together four distinct perspectives—a mayor, a civil liberties litigator, a wrongfully targeted scientist, and a civil rights leader—the discussion helped the community better understand what is happening, why it matters, and what actions can be taken. Opening Remarks by Mayor Kaohly Her Mayor Kaohly Her — the first Asian American and first woman elected mayor of St. Paul, Minnesota — opened the March 24 webinar with a firsthand account that was both deeply personal and deeply alarming, offering a ground-level view of what the ICE crackdown has meant for her city and its communities. Mayor Her made clear from the outset that what the rest of the country has recently witnessed in Minnesota was not new to the AAPI community. As far back as April of last year, while still serving as a state legislator, she convened a meeting with ICE representatives who provided virtually no information about their operations — where they were going, who they were targeting, or what they were doing. Yet community members were already reporting detentions. "We knew in our communities, especially our Southeast Asian communities, that they were already being targeted," she said. "No one was paying attention to it at all." By summer, the situation had intensified dramatically. Mayor Her described weekends in which the AAPI community was "targeted heavily," with families so frightened that individuals scheduled for immigration check-ins simply stopped going — choosing instead to go into hiding for the foreseeable future. American citizens were being swept up. Businesses saw revenues drop by 60 to 70 percent. Children were moved to remote learning as schools shut down. People stopped going to the doctor out of fear of leaving their homes. "It was worse on the ground than what you all were seeing on the news," she said of the period from November through February. By January, however, St. Paul had built a remarkable grassroots response. Constitutional observer training sessions that once drew 30 or 40 people were filling rooms with hundreds. Volunteers built a sophisticated network — using Signal and coordinated radio frequencies — to track suspected ICE vehicles by following them from the Whipple building (a federal office complex located in the Twin Cities area. It houses various government agencies including ICE), logging license plates, and alerting community members in real time when those vehicles appeared in their neighborhoods. The city joined lawsuits alongside other municipalities, worked with the governor and attorney general to quadruple the number of clemency hearings from one to four per year, and partnered with foundations and private entities to distribute $4 million in relief to affected nonprofits and businesses. Mayor Her also described ongoing efforts to quantify the full economic and social cost of the enforcement operations — from lost business revenue to healthcare system impacts — to build the case for state-level relief. The Minnesota legislature is currently considering a relief package for emergency rent support and broader economic recovery. For those who want to help, Mayor Her encouraged financial contributions to the foundations supporting St. Paul communities, purchasing gift cards from affected local businesses, and connecting with community resources through the city's United Way 211 Immigration Resources and Hotline and its official City’s Response to Federal ‘Operation Metro Surge’ page. Mayor Her’s closing message was one of both exhaustion and resolve. After describing the extraordinary mobilization St. Paul had undertaken over the preceding months, she indicated that the community is now focused on the work of rebuilding — supporting residents, businesses, and organizations as they recover from the intense period of enforcement activity and fear that had gripped the city. Watch Mayor Her’s remarks: https://www.youtube.com/watch?v=ZqHLYymP2Gk (14:13) ***** JFK Profile in Courage Award to People of Twin Cities On March 19, 2026, the John F. Kennedy Library Foundation announced the 2026 Profile in Courage Award honoring the people of the Twin Cities, Minnesota, for demonstrating exceptional courage in defending their communities during a large-scale federal immigration enforcement operation. The award will be presented on May 31, 2026, at the John F. Kennedy Presidential Library and Museum in Boston. Saira Hussain’s Opening Remarks Saira Hussain , Senior Staff Attorney at the Electronic Frontier Foundation (EFF), outlined the scope of U.S. surveillance authorities, focusing on Section 702 of the Foreign Intelligence Surveillance Act, which permits the collection of Americans’ communications without a warrant when targeting individuals abroad. She described the program’s pending expiration as a difficult policy tradeoff: letting it lapse risks losing existing safeguards, while current reform proposals remain insufficient to protect civil liberties. EFF supports stronger reforms, including the Fourth Amendment Is Not For Sale Act to close the “data broker loophole.” She also highlighted expanding surveillance tied to immigration enforcement, including social media monitoring programs that may penalize disfavored speech, raising First Amendment concerns. Increased data sharing across agencies—such as IRS, DMV, and utilities—enables ICE to assemble detailed personal profiles, underscoring the need for clear limits to prevent information collected for one purpose from being repurposed for another. Founded in 1990, the Electronic Frontier Foundation is a leading nonprofit defending civil liberties in the digital world, advancing privacy, free expression, and innovation through litigation, policy advocacy, and technology development. Important resources from EFF: · Digital Privacy at the U.S. Border: Protecting Data on Your Devices · Section 702 reauthorization · Fourth Amendment Is Not for Sale Act · Lawsuit against the State Department and DHS’s social media monitoring program of visa holders and permanent residents for “disfavored” speech · Other surveillance tools that ICE has access to · Surveillance Self-Defense Professor Xiaoxing Xi’s Opening Remarks Professor Xiaoxing Xi , a leading expert in superconductor technologies at Temple University, shared his experience of being wrongfully arrested in 2015 after federal authorities misinterpreted academic communications as evidence of espionage. Although charges were dropped within months, the personal, financial, and professional impact was lasting. He emphasized that innocence does not prevent harm once an investigation begins, particularly for individuals with international ties. He also raised concerns about surveillance authorities under Section 702, which can enable access to Americans’ communications without a warrant and may be applied beyond their intended scope. His case illustrates the need for stronger safeguards and accountability. Professor Xi is currently involved in litigation challenging the government’s use of Section 702 and related authorities. He was awarded the 2020 Andrei Sakharov Prize by the American Physical Society for his advocacy for open scientific exchange. John C. Yang’s Opening Remarks John C. Yang , President and Executive Director of Asian Americans Advancing Justice | AAJC, emphasized that policies like Section 702 have real human consequences, including wrongful investigations and lasting community harm. He placed these concerns within a broader historical pattern in which Asian Americans are treated as “perpetual foreigners,” particularly during periods of national security tension. He warned that similar dynamics are reemerging today amid U.S.-China tensions. He noted that current immigration enforcement and geopolitical dynamics are creating widespread anxiety in AAPI communities. To address these challenges, he outlined a three-part strategy: advocacy, education, and empowerment—advancing policy reforms, combating misinformation, supporting litigation, and strengthening civic engagement. Highlights of Panel Discussions Panelists discussed practical steps individuals and communities can take in response to expanding surveillance and enforcement practices. Saira Hussain noted that border authorities continue to assert broad powers to search electronic devices, creating uncertainty for travelers. She encouraged “surveillance self-defense,” including using strong passwords, limiting sensitive data on devices, and preparing in advance. She also outlined tradeoffs based on legal status: U.S. citizens may refuse to provide passwords but risk device seizure, while visa holders may face denial of entry. These realities require individuals to assess risk and plan accordingly. Professor Xi provided an update on his lawsuit, now in discovery, and highlighted ongoing concerns about failed prosecutions, unclear standards, and the broader human toll. Panelists emphasized that surveillance practices, once normalized, can expand beyond any single community. In closing, they urged sustained civic engagement—educating others, supporting advocacy efforts, and contacting elected officials to push for reforms, including changes to Section 702. In a democratic society, public awareness and participation are essential to safeguarding privacy, due process, and civil liberties. Resources from APA Justice For readers seeking deeper historical context, Madeleine Gable , Communications Associate, and Charlotte Ding , Product Developer, APA Justice, have led the creation of a comprehensive webpage on warrantless surveillance in the U.S., along with an interactive timeline. While the timeline focuses on the Foreign Intelligence Surveillance Act (FISA), it begins in 1967 and incorporates relevant context up until the present. The timeline is divided into five intervals of over 30 stories: I. Pre-FISA II. The origin (1978-2007) III. Codification and the rise of “incidental collection” (2008-2017) IV. The China Initiative and racial profiling (2017-2023) V. Modern reform and the 2026 reauthorization (2024-present) I. Pre-FISA Prior to the enactment of the Foreign Intelligence Surveillance Act in 1978, concerns over government surveillance malpractice began to emerge in the 1960s, causing both lawmakers and the American public to devote more attention to national security and the protection of civil liberties. II. The Origin (1978–2007) This section describes the events following the initial enactment of FISA, including Executive Order 12333 and the events of the case of Dr. Wen Ho Lee . Additionally, this section discusses 9/11 and its implications on national security policy and subsequent controversy. III. Codification and the Rise of "Incidental Collection" (2008–2017) In 2008, Congress enacted the FISA Amendments Act of 2008, which included a new section, Section 702, that authorizes the targeting of non-U.S. citizens reasonably believed to be abroad. This approach often involves “backdoor searches” that collect information on U.S. persons (including AAPI individuals) without a warrant. This section also chronicles the Snowden disclosures and the formation of various social justice organizations, including APA Justice. IV. The China Initiative & Racial Profiling (2018–2023) In November of 2018, the Department of Justice launched the China Initiative, a broad enforcement effort intended to counter alleged economic espionage and intellectual property theft linked to China. Over time, dozens of cases that disproportionately impacted academics of Asian descent under this initiative collapsed or were dismissed, revealing patterns of racial profiling, overreach, and insufficient evidence. V. Modern Reform and the 2026 Reauthorization (2024–Present) The final section recounts the extension of Section 702 and subsequent government reform and controversy, culminating with the expiration of Section 702 on April 20, 2026. In the weeks leading up to the expiration of Section 702, APA Justice will continue to update the webpage and the timeline with the most relevant information. · APA Justice timeline: Timeline Visualization of U.S. Mass Surveillance · APA Justice webpage: Warrantless Surveillance Additional Information Beyond the webinar, related developments underscore the broader national context: · No Kings Day . On March 28, 2026, St. Paul Mayor Kaohly Her joined a major rally with over 100,000 demonstrators at the Minnesota Capitol as part of nationwide protests emphasizing democratic values, civic participation, and the rule of law. Watch her remarks starting at around 2:08:20 in this video https://www.nokings.org/ (4:09:05). · Section 702 Reauthorization . With Section 702 set to expire on April 20, 2026, debate in Congress is focused on reform proposals addressing warrantless surveillance and oversight. Brennan Center for Justice has published a Resource Page outlining its use, proposed reforms, and the reauthorization process at: https://www.brennancenter.org/our-work/research-reports/section-702-foreign-intelligence-surveillance-act-fisa-2026-resource-page . · Impact on AAPI Communities . A coalition led by Advancing Justice | AAJC has published a fact sheet on the Impact of Section 702 on Asian Americans , highlighting how Section 702 has expanded over time, enabling “incidental” collection and backdoor searches that disproportionately affect Asian American and related communities, particularly amid geopolitical tensions. Reform efforts focus on requiring warrants, closing data broker loopholes, and limiting overly broad surveillance authorities. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2026/04/03 The China Debate We’re Not Having: Politics, Technology, and the Road Ahead 2026/04/06 APA Justice Monthly Meeting 2026/04/08 Perspectives on Careers in Arts and Entertainment 2026/04/14 Recollections, Pioneers and Heroes - Anla Cheng 2026/05/04 APA Justice Monthly Meeting 2026/05/12-14 Celebrating 250 - Building America’s Future TogetherVisit https://bit.ly/3XD61qV for event details. 2. 03/26 NAPABA Webinar Video Posted On March 26, 2026, the National Asian Pacific American Bar Association (NAPABA) hosted a webinar titled “SCOTUS Oral Argument Preview: Who is Allowed to be a U.S. Citizen? Defending Birthright Citizenship and the Role of Asian American History.” The program previewed the U.S. Supreme Court oral arguments in Trump v. Barbara , a case addressing the scope of birthright citizenship under the Fourteenth Amendment. On April 1, 2026. Watch the video: https://vimeo.com/1177775020 (1:00:53). # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF April 2, 2026 Previous Newsletter Next Newsletter

#388 Special Edition: What We Need to Know about Mass Surveillance and ICE Crackdown April 2, 2026 Read #387 4/6 Meeting; CHR: 50 Years of Support; Ohioans Opposed HB1; C100 Survey; No Kings; + March 30, 2026 Read #386 4/6 Meeting; Today's Webinar; JFK Award to Twin Cities People; 3/28 "No Kings" March+ March 24, 2026 Read #385 Rep. Grace Meng Remarks; 3/24 Webinar; DHS Leadership Change; Birthright Citizenship+ March 20, 2026 Read #384 3/24 Webinar; Mayor Kaohly Her; WP: America Needs Immigrants; Ohio Bill; Equity Pulse+ March 16, 2026 Read #383 3/24 Webinar on Mass Surveillance; Timeline Visualization; Sign On; Museum Update; + March 12, 2026 Read #382 UCLA Research; CAPAC; Perpetual Foreigner; US Universities Retreat; Science on Science March 10, 2026 Read #381 3/24 Mass Surveillance Webinar; AASF Update; Citizen Diplomacy; Birthright Citizenship March 6, 2026 Read #380 3/2 Meeting; Jane Wu Lawsuit; Birthright Citizenship; Higher Ed Mission; UMichigan; + February 28, 2026 Read #379 3/2 Monthly Meeting; American Student in China; 2/26 Webinar on Talent; Jesse Jackson+ February 23, 2026 Read #378 2/26 Webinar; 2/24 Court Hearing; AAJC; Section 702; Alien Land Laws; FY26 R&D Funding February 17, 2026 Read #377 2/26 Webinar on Global Competition; USCET Update; Frank Wu; AAPI United in Twin Cities February 10, 2026 Read < < 1 1 1 Newsletters APA Justice began publishing a free periodic newsletter about 4-7 times a month in July 2020. You can subscribe here . Visit the Virtual Library to search the entire collection. Filter by year

Impacted Persons List Anming Hu 胡安明 Read more Baimadajie Angwang 昂旺 Read more Charles Lieber Read more Chen Song 宋琛 Read more Davis Lu Read more Franklin Tao 陶丰 Read more Gang Chen 陈刚 Read more Gee-Kung Chang 張繼昆 Read more Haizhou Hu Read more James Patrick Lewis Read more Jane Ying Wu 吴瑛 Read more Juan Tang 唐娟 Read more Kaikai Zhao 赵凯凯 Read more Kevin Wang Read more Lei Guan 关磊 Read more Lin Yang Read more Meyya Meyyappan Read more Mingqing Xiao Read more Qing Wang 王擎 Read more Simon Saw-Teong Ang 洪思忠 Read more Song Guo Zheng Read more Turab Lookman 特拉伯·鲁克曼 Read more Van Andel Research Read more Wuyuan Lu 陆五元 Read more Xiao-jiang Li 李晓江 Read more Xiaofeng Wang 王晓峰 Read more Xiaoming Zhang Read more Xiaoxing Xi 郗小星 Read more Xifeng Wu 吴息凤 Read more Xin Wang 王欣 Read more Yanping Chen 陈燕平 Read more Yanqing Ye Read more Yu Zhou, Li Chen Read more Zaosong Zheng Read more Zhendong Cheng Read more Filter by Category China Initiative NIH Other Sort by Alphabetical by first name Alphabetical by last name

December 2025 Meeting Summaires Dec 1, 2025 Read November 2025 Meeting Summary Nov 3, 2025 Read October 2025 Meeting Summary Oct 6, 2025 Read September 2025 Meeting Summary Sep 8, 2025 Read August 2025 Monthly Meeting Summary Aug 4, 2025 Read July 2025 Meeting Summary Jul 7, 2025 Read June 2025 Meeting Summary Jun 2, 2025 Read May 2025 Meeting Summary May 5, 2025 Read April 2025 Meeting Summary Apr 7, 2025 Read March 2025 Meeting Summary Mar 3, 2025 Read February 2025 Monthly Meeting Summary Feb 3, 2025 Read January 2025 Meeting Summary Jan 6, 2025 Read Monthly Meeting Summaries APA Justice conducts monthly meetings and publishes the meeting summary on this website. Participation is by invitation only. Due to limited capacity, invited participants are typically active and recognized organizations and concerned individuals. Please send an email to contact@apajustice.org if you have interest. < < 1 1 1

Latest Posts Court Hearing and A New Movement Emerges July 24, 2023 We published a Special Edition of our newsletter to cover the July 18 court hearing on Florida's new discriminatory housing law. Read More Lawsuit Against Florida Senate Bill 264 May 22, 2023 A group of Chinese citizens who live, work, study, and raise families in Florida filed a lawsuit to combat Florida’s discriminatory property law, SB 264. Read More Texas House Bill 1075 and Senate Bill 552 January 23, 2023 Texas state representatives are attempting to stop foreign governments from purchasing Texas agricultural land. Read More Rep. Judy Chu's New Year Greetings and 2022 Review January 9, 2023 During the first APA Justice monthly meeting of 2023, Rep. Judy Chu, Chair of the Congressional Asian Pacific American Caucus, reviewed the accomplishments of 2022, highlighted by the end of the "China Initiative" and Sherry Chen's historic settlement. Read More Campaign to Oppose The Nomination of Casey Arrowood July 29, 2022 Academics, elected officials, and civil rights groups across the country are raising concerns about the nomination of Casey Arrowood to be US Attorney for the Eastern District of Tennessee. Read More APA Justice Calls for Release of Report on Review of "China Initiative" March 8, 2022 On March 8, 2022, APA Justice sent a letter to Assistant Attorney General Matthew G. Olsen, calling for the release of a report on the Department of Justice's review of the “China Initiative.” Read More Texas man accused of attacking Asian family over racist coronavirus fears pleads guilty to hate-crime charges February 24, 2022 Nearly two years later, a 21-year-old Texas man who attempted to kill an Asian man and his young child has pleaded guilty to federal hate-crime charges. Read More 12. China Initiative Ends February 23, 2022 Assistant Attorney General Matt Olsen announced the end of the China Initiative. The 1,210 days of the Initiative were extremely damaging to individuals and their families, as well as the Asian American and scientific communities. The end of the China Initiative is a welcomed start to correct the harms it caused. APA Justice is committed to continue its work to address racial profiling and seek justice and fairness for the Asian Pacific American communities. Read More 11. MIT Technology Review Investigative Reports December 2, 2021 On December 2, 2021, MIT Technology Review published two investigative reports on the China Initiative as newly appointed Assistant Attorney General Matt Olsen was conducting a review of the initiative. Read More < < 1 1 1 What's the best flavor? Activists Including APA Justice Resist New "Red Scare" Chinese Americans are increasingly finding themselves targeted by the US in what has become the new "Red Scare."

Issues Alien Land Bills This item is connected to a text field in your content manager. Double click the dataset icon to add your own content. Read More COVID-19 This item is connected to a text field in your content manager. Double click the dataset icon to add your own content. Read More The China Initiative This item is connected to a text field in your content manager. Double click the dataset icon to add your own content. Read More Warrantless Surveillance This item is connected to a text field in your content manager. Double click the dataset icon to add your own content. Read More

Read More 1. A Call to Stop Senate Bill 147 and All Alien Land Laws Friday, February 17, 2023 12:00 AM Read More 1. Bridging Nations: People-to-people Exchange in U.S.-China Relations Thursday, October 16, 2025 12:00 AM Read More 1. From Past Prejudice to Present Policy: The Impact of Land Ownership Exclusion Laws on Diverse Communities Wednesday, December 11, 2024 12:00 AM Read More 1. The Human and Scientific Costs of The "China Initiative" Wednesday, September 30, 2020 12:00 AM Read More 2. Fair Housing Rights & Alien Land Laws: Challenges and Advocacy for the Asian American Community Tuesday, March 4, 2025 12:00 AM Read More 2. Historical Re-Hash - Alien Land Law and SB147 Wednesday, March 1, 2023 12:00 AM Read More 2. Policy Needs for U.S. Science and Scientists Wednesday, December 2, 2020 12:00 AM Read More 3. Building Coalition Against “China Initiative” Discrimination - Fighting racial targeting of Asian Americans and communities of color, past & present Wednesday, February 24, 2021 12:00 AM Read More 4. Legal Resources and Policy Advocacy - How to Combat Racial Profiling Under the “China Initiative” Wednesday, April 28, 2021 12:00 AM Read More 5. The Mistrial of Professor Anming Hu under the "China Initiative" Wednesday, June 23, 2021 12:00 AM Read More A Dialogue Between the Academic & Asian American Communities and the FBI Thursday, June 6, 2024 12:00 AM Read More Capstone Town Hall: The End of The "China Initiative" Thursday, March 17, 2022 12:00 AM

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Policy Advocacy See what we're doing Working with federal agencies and policy makers to advocate for social justice and rights. Social Justice The White House Office of Science and Technology Policy (OSTP) The Office of Science and Technology Policy advises the president on the effects of science and technology on domestic and international affairs. OSTP Developments This is a paragraph. Click to edit and add your own text. Add any information you want to share with users. Change the font, size or scale to get the look you want. Read More Item One Subtitle Goes Here This is a paragraph. Click to edit and add your own text. Add any information you want to share with users. Change the font, size or scale to get the look you want. Read More Item Two Subtitle Goes Here This is a paragraph. Click to edit and add your own text. Add any information you want to share with users. Change the font, size or scale to get the look you want. Read More Item Three Subtitle Goes Here On September 9, 2022, Dr. Steven Pei and Dr. Jeremy Wu, Co-Organizers of APA Justice, joined a virtual meeting with Senior Research Officers at the Association of American Universities (AAU). The meeting was moderated by Roger Wakimoto, Vice Chancellor for Research, UCLA. It included a 10-minute presentation by Steven and Jeremy on "Academic Freedom and Engaging Faculty on Campus - The Asian American Perspective " and a package of backgrounds and references , followed by questions and answers, and robust and productive discussions. The meeting continues our engagement and collaboration with AAU after Toby Smith, Vice President for Science Policy & Global Affairs, spoke at the APA Justice monthly meeting on June 6, 2022. Founded in 1900, AAU is composed of America’s leading research universities which collectively help shape policy for higher education, science, and innovation; promote best practices in undergraduate and graduate education; and strengthen the contributions of leading research universities to American society. PROPOSAL TO SENIOR RESEARCH OFFICERS OF THE AAU We suggested four wishes from the Asian American faculty perspective: Engage faculty in the development and implementation of NSPM-33 and similar policies on campus to make sure clear instruction, sufficient support, and proper training are provided to faculty, researchers, and administrative staff. “Establish (an independent or joint with faculty senate) committee (preferably led by a Chinese American faculty) to evaluate, define and protect the rights, privileges, and responsibilities of faculty and administration in cases involving the investigation of faculty by outside agencies” - a resolution passed by the faculty senate of a founding member of AAU Offer and publicize first response followed by independent legal assistance. Consider legal insurance in the long term. Help faculty, staffs, and students to resolve visa, border entry, and related issues. Dialogue with the AAU Warrantless Surveillance The U.S. Constitution protects its people against unreasonable searches and seizures. However, under Section 702 of the Foreign Intelligence Surveillance Act, the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Chinese American immigrants and scientific communities, have especially been targets for warrantless surveillance leading to wrongful and unjust prosecutions. Learn more The China Initiative From November 11, 2018 to February 23, 2022, the US national security program created to address economic espionage disproportionately targeted Asian American academics, scientists, and researchers for what were largely administrative errors, harming academic freedom. Learn more See what we've been fighting Advocating for the rights of APA academics, researchers, and scientists. Academic Advocacy

The abrupt dismissal of visa fraud and other charges against five scientists from China in five separate “China Initiative” cases and the FBI reports from the discovery process exposed the weaknesses of the prosecutions, dissension in the FBI’s own ranks, and exaggerated claims of national security risks by the government. July 22, 2021 Table of Contents Overview Non-Armed Uniformed Services in the US “Startling” Claim by Assistant Attorney General John Demers What the Juan Tang Case Revealed What the Lei Guan Case Revealed Links and References Overview In court filings on July 22 and 23, 2021, the Department of Justice (DOJ) abruptly moved to drop visa fraud and other charges against five scientists from China in five separate "China Initiative" cases, including four biomedical and cancer researchers in California and a doctoral candidate studying artificial intelligence in Indiana. U.S. District judges have granted dismissal in three of the five cases. The five Chinese nationals are: Lei Guan (关磊), Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛), Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟), Visiting researcher (cancer), University of California at Davis Xin Wang (王欣), Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯), Doctoral candidate (machine learning and artificial intelligence), Indiana University Prosecutors did not provide explanations in their motions to dismiss. According to multiple media reports, Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” DOJ announced the visa fraud charges against four of the five scientists exactly a year ago on July 23, 2020. Just a day earlier, the U.S. ordered China to close its consulate in Houston, accusing it of being a "spy center" to conduct spying activities with local medical centers or universities. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. Although the DOJ did not provide an explanation for the dismissals, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post , an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Non-Armed Uniformed Services in the US Some of these five prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. Out of the eight branches of uniformed services of the United States, two are non-armed: The United States Public Health Service Commissioned Corps is the uniformed personnel system of the United States Public Health Service, which is under the Department of Health and Human Services. The National Oceanic and Atmospheric Administration Commissioned Officer Corps is a uniformed branch of the National Oceanic and Atmospheric Administration, which is under the Department of Commerce. “Startling” Claim by Assistant Attorney General John Demers On December 2, 2020, The Washington Post reported that John Demers, Assistant Attorney General John Demers claimed that more than 1,000 researchers who had hidden their affiliation with the Chinese military fled the United States. The exodus came in the wake of the arrests of six Chinese researchers accused of lying on their visa applications about their ties to the People’s Liberation Army. The arrests, coupled with the closure of the Chinese Consulate in Houston, which U.S. officials said served as a command-and-control node to direct spying operations, were intended to send a signal to Beijing. The figure was described as “startling” and has not been supported by any factual evidence. What the Juan Tong Case Revealed On July 19, 2021, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial . It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." Specifically, the highlighted response to the question “Is this obfuscation indicative of nefarious intent?” says: Investigations associated with these individuals as well as PLA experts interviewed in the cases cited above suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one’s military service or affiliation. China’s PLA is not a direct analog to how the US military services are set up, especially regarding the PLA’s Civilian Cadre. CTTAU assesses that while some intentional obfuscation is almost certainly being used by the PLA to gain entry into the US, there are grey areas where it is difficult for the FBI and DOS to determine whether obfuscation is intentional or for nefarious tech transfer purposes. Among the Civilian Cadre are a significant number of doctors and nurses and other professionals that at times are required to wear a military type uniform, but who would not necessarily consider themselves soldiers despite being considered as active duty. There are also contract civilians who work for the PLA, but are not considered active duty military. Within investigations it may also appear as if students and scholars from particular MCF-designated and PLA-affiliated universities and institutions are obfuscating their respective affiliations by not declaring military service despite having academic advisors who are PLA officers, but the FBI has an incomplete understanding of the full nature of this student/scholar to academic advisor relationship. What the Lei Guan Case Revealed A partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan on July 12, 2021. It is titled Fourth Military Medical University Interviews and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students dated March 19, 2021. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests had a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. Jump to: Overview Non-Armed Uniformed Services in the US “Startling” Claim by Assistant Attorney General John Demers What the Juan Tang Case Revealed What the Lei Guan Case Revealed The abrupt dismissal of visa fraud and other charges against five scientists from China in five separate “China Initiative” cases and the FBI reports from the discovery process exposed the weaknesses of the prosecutions, dissension in the FBI’s own ranks, and exaggerated claims of national security risks by the government. Previous Next 8. Five Visa Fraud Cases Dismissed

A month after the launch of the China Initiative, a group of community leaders met with a senior FBI official and representatives at the FBI headquarters in Washington DC to convey concerns raised within the Chinese American community about the role of bias in its investigations, among other issues, in a futile attempt to establish a continuing dialogue to address the concerns. December 7, 2018 Table of Contents Overview FBI Headquarters Meeting FBI: “Non-Traditional Collectors” and “Whole-of-Society Response” 60 Minutes: “Collateral Damage” “Racial Profiling Harms Science” Links and References Overview On December 7, 2018, a group of community leaders met with a senior FBI official and representatives at the FBI headquarters to convey concerns raised within the Chinese American community about the concerns of bias in its investigations, among other issues. An attempt to establish a continuing dialogue with the FBI failed. Prior to the meeting, Asian American, civil rights, and scientific communities have already been expressing deep concerns about wrongful prosecutions of Chinese American scientists such as Sherry Chen and Xiaoxing Xi, as well as the broad brush rhetoric of “non-traditional collectors” against an entire group of students, professors, and scientists as a security threat to our country. FBI Headquarters Meeting The 90-minute meeting with a senior FBI official and representatives was held at the FBI headquarters. Attempts to establish a dialogue resulted in two monologues. On December 14, 2018, a public summary of the meeting was released: “The FBI stated that its mission is to protect all Americans, including Chinese Americans, while also highlighting national security threats and the political influence from foreign nations such as China. “The community leaders acknowledged the serious threat posed by trade secret theft within the U.S. where intellectual property has found its way to foreign nations, including China. They also expressed support for vigorous law enforcement action where wrongdoing occurs. At the same time, the community leaders spoke about the fear and suspicion created by certain actions by the FBI, particularly related to cases where apparent innocent parties were involved. “The 90-minute meeting at FBI headquarters was closed door, permitting for a frank and confidential conversation. Both sides expressed interest in a continuing dialogue. Community groups who want to dialogue with the agency can contact FBI field offices. Several already have held meetings or forums involving the FBI in Austin, Houston, Los Angeles, San Francisco and Washington, D.C. According to the FBI, it has community outreach specialists in each of its field offices who regularly engage with the various communities they serve. “The community leaders attending the meeting were Robert Gee, Vice Chair, Washington DC Region, Committee of 100; Andrew Kim, Visiting Scholar, South Texas College of Law and Litigator, Greenberg Traurig; Aryani Ong, community advocate; Steven Pei, scientist and Honorary Chair of United Chinese Americans; and Jeremy Wu, retired government official." The community leaders brought these talking materials to the meeting: Robert Gee: Committee of 100 Letter to FBI Official Andrew Kim: Prosecuting Chinese “Spies:” An Empirical Analysis of The Economic Espionage Act Steven Pei: FBI Meeting Talking Points Jeremy Wu: FBI Meeting Talking Points After the China Initiative ended, the FBI San Francisco field office hosted a town hall meeting with community organizations in May 2022, beginning a process to restart a dialogue with the communities. FBI: “Non-Traditional Collectors” and “Whole-of-Society Response” According to Inside Higher Ed on February 14, 2018, FBI director Christopher Wray told the Senate Select Committee on Intelligence that American academia is naïve about the intelligence risks posed by Chinese professors, scientists, and students. His broad-brush testimony targets a whole group of students, professors, and scientists as a security threat due to their national origin and race. In addition, Wray said he and the FBI “view the China threat as not just a whole-of-government threat but a whole-of-society threat on their end, and I think it’s going to take a whole-of-society response by us. So it’s not just the intelligence community, but it’s raising awareness within our academic sector, within our private sector, as part of the defense.” “It is wrong to cast an entire group of students, professors, and scientists as a threat to our country based simply on where they come from,” said Patrick Toomey, a staff attorney for the American Civil Liberties Union, which has joined a lawsuit by a Chinese American professor, Xi Xiaoxing, who was wrongfully arrested for sharing secret technology with entities in China. “The United States has a proud tradition of international academic collaboration, which attracts the best and the brightest to our universities, fosters innovation and ultimately benefits all Americans,” Toomey said. “The FBI’s mind-set has already led to overzealous investigations of Chinese Americans, with disastrous consequences for those wrongly tarred with suspicion.” The term “non-traditional collector” is an updated version of “ thousand grains of sand ” which was used by FBI analyst Paul Moore during the wrongful prosecution of Dr. Wen Ho Lee more than two decades ago. In response to Wray’s remarks in the Senate Committee hearing, the Committee of 100 and a coalition of organizations wrote a joint letter to FBI Director Wray, requesting a meeting to “engage in positive dialogue to advance our nation’s ideals as well as its national security.” Wray never responded to the coalition letter. 60 Minutes: “Collateral Damage” On August 26, 2018, CBS 60 Minutes updated its nationwide broadcast of “ Collateral Damage .” It describes how innocent Chinese Americans are wrongly accused of espionage related crimes as the government steps up the fight against theft of U.S. trade secrets and intellectual property by China. The 60 Minutes program also has an online segment titled “ The Spy Who Wasn’t .” It describes the lasting impact on innocent Chinese Americans far beyond the heavy legal fees and dropped charges. Their finances, careers, reputations, emotions, and families are severely damaged if not totally ruined. “Racial Profiling Harms Science” On March 21, 2019, three major scientific organizations voiced their concerns about racial profiling by publishing an open letter titled " Racial Profiling Harms Science " in Science. The Society of Chinese Bioscientists in America (SCBA, 美洲华人生物科学学会), The Chinese American Hematologist and Oncologist Network (CAHON, 美国华裔血液及肿瘤专家学会), and The Chinese Biological Investigators Society (CBIS, 华人生物学者教授学会) represent the largest and a rapidly growing professional group for scientists, mostly of Chinese descent, in many biomedical disciplines. The letter expresses concerns about the recent political rhetoric and policies that single out students and scholars of Chinese descent working in the United States as threats to U.S. national interests. Jump to: Overview FBI Headquarters Meeting FBI: “Non-Traditional Collectors” and “Whole-of-Society Response” 60 Minutes: “Collateral Damage” “Racial Profiling Harms Science” A month after the launch of the China Initiative, a group of community leaders met with a senior FBI official and representatives at the FBI headquarters in Washington DC to convey concerns raised within the Chinese American community about the role of bias in its investigations, among other issues, in a futile attempt to establish a continuing dialogue to address the concerns. Previous Next 2. Attempted Dialogue with FBI Failed

Three major scientific organizations voiced concerns about racial profiling by publishing an open letter titled "Racial Profiling Harms Science." March 21, 2019 Three major scientific organizations took leadership in voicing its concerns about racial profiling by publishing an open letter titled " Racial Profiling Harms Science " in Science on March 21, 2019. The Society of Chinese Bioscientists in America (SCBA, 美洲华人生物科学学会), The Chinese American Hematologist and Oncologist Network (CAHON, 美国华裔血液及肿瘤专家学会), and The Chinese Biological Investigators Society (CBIS, 华人生物学者教授学会) represent the largest and a rapidly growing professional group for scientists, mostly of Chinese descent, in many biomedical disciplines. The letter expresses concerns about the recent political rhetoric and policies that single out students and scholars of Chinese descent working in the United States as threats to U.S. national interests. It also received a response led by NIH Director Dr. Francis S. Collins, which pledged that "NIH is committed to avoiding overreaction, stigmatization, harassment, and profiling. We will use our influence and bully pulpit as necessary to speak out against such prejudicial actions, for which there is no place in the biomedical research community." Three major scientific organizations voiced concerns about racial profiling by publishing an open letter titled "Racial Profiling Harms Science." Previous Next Major Scientific Organizations Voice Concerns About Racial Profiling